What is the Open Tribunal?
The Open Tribunal is an autonomous body in the Muellners Foundation's global community. It is a standalone and independent Council with its own powers of constitutional governance.
Open Tribunal of the Foundation is an independent, autonomous, and self organised constitutional body, which is primarily responsible for ensuring fair and transparent execution of this Open Constitution.
A Tribunal stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between members of the Foundation.
A Tribunal also stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between two different constitutional bodies of the Open Council.
A Tribunal also stands as an institution in the Foundation's community with an authority to judge, adjudicate on, or determine claims or disputes between two independent participants of Open Constitution Partner Program.
Open Tribunal is generally constituted to resolve member disputes over:
a. Community governance such as Project affairs, Code of Conduct violations
b. Research such as public policy research direction
c. International Arbitration
d. Intellectual Property ownership
Role in International Arbitration:
Open Tribunal also acts as an alternative dispute resolution mechanism for the Foundation's global citizens.
Open Tribunal may also serve Foundation's citizens, resolving commercial disputes through an international arbitration framework.
The Tribunal members shall follow Foundation's guiding principles in resolving disputes.
Each case logged on Open Constitution Governance System and accepted by the Open Tribunal is generally accompanied by a public facing Observation Report, upon the closure of the case.
Open Tribunal focuses on both local and International laws on commerce, financial crimes, business & trade laws.
Public Notice: A. Appeal for hearing: All cases which are accepted in the Open Tribunal framework must be appealed by Foundation's subscribed citizens for a hearing.
The hearing generally takes place via electronic means, well within the Code of Conduct and articles & covenants of this Open Constitution.
According to the Statutes, a citizen may also transfer Power of attorney to another member or a constitutional body of the Foundation, to represent them in a dispute.
B. Historical Records: For a case over a commercial dispute, requiring resolution, and which dates back to a date prior to a citizen's membership in the Foundation(termed as historical case):
A historical case may also be accepted by this Open Tribunal, if Foundation's citizens submit an appeal and give consent to the Tribunal, governed by this Open Constitution.
It is at the discretion of the Independent Board whether or not to ratify the acceptance of a case into the Open Tribunal.
C. Case Processing Fees:
1.There is NO case processing fees for disputes b/w members over Foundation's governance of projects, public policy affairs and disputes clearly associated with Foundation's objectives in the financial services industry.
2.A case processing fees should be collected ONLY for alternate dispute resolution b/w it's citizens over a subject of commercial nature, which prima facie may seem to be outside the purview of Foundation's ongoing activities, objectives and BFSI industry.
In clearer terms, if citizen disputes are linked to a non Foundation project i.e a commercial activity NOT undertaken or controlled by the Foundation, whether in the financial or non financial services or technology sector, a case processing fee should be collected.
A case processing fees should also be collected for alternate dispute resolution b/w two or more Open Constitution Partner Program participants over a subject of commercial nature. Case Processing Fees is equally borne by the sparring participant entities.
Depending on whether a fee is applicable, case processing fee is to be deposited in Foundation's Fiscal Accounts immediately, prior to acceptance of the case by the Open Tribunal.
D. Case Processing Time: Open Tribunal conducts a hearing where all disputing parties are heard.
There is no fixed processing time, however, once an Open Tribunal is constituted and a case is logged on the Open Constitution registry, hearings should commence within a period of 30 days.
E. Binding and Non Binding resolution:
E1. For Foundation's project, i.e a commercial activity undertaken or controlled by the Foundation:
Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, Open Tribunal processes a binding resolution.
E2. For a resolution between Foundation's Open Constitution Partner Program participants:
Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, Open Tribunal processes a binding resolution.
Note: Currently, the Danish law of arbitration supersedes a local law of arbitration, specifically for the disputes between the Open Constitution Partner Program entities.
E3. For NON Foundation projects/Historical cases appealed by it's global citizens:
Depending on the applicable business laws of local jurisdictions, relevant to the case, and structural integrity of the associated local as well as international arbitration laws, Open Tribunal may process both a binding or a non binding resolution.
Judgment upon the award rendered by the arbitrator (Open Tribunal) may be entered in any court with jurisdiction to do so.
Basic Constitution Guidelines:
Generally, Open Council members participate and constitute the Open Tribunal.
Members from the Councils: Advisory Ethics, Observation, Legal and Regulations Council often constitute an Open Tribunal.
Members from the Observation Council often constitute an Open Tribunal registered for a dispute between two independent Open Constitution Partner Program participants. Read more on the role of Observer Council in arbitration proceedings between Open Constitution partner bodies.
Depending on amendment proposals drafted for change to this Open Constitution:
a. Members from other Open Council bodies may also be elected to an Open Tribunal
b. Members from other Councils - Ambassador Council or Election Council may also constitute an Open Tribunal.